Legal information

Article introduction: What reasons lead to the closure of breeding farms? What kind of compensation can you get if a farm is closed down?

1. What are the reasons for the closure of breeding farms?

1. The main situations that can lead to the closure of breeding farms include: serious failure to meet environmental protection standards, illegal construction, and being classified as a prohibited breeding area. This article mainly talks about the problem of "being classified as a no-breeding zone". Ying Ting learned that according to relevant laws, which areas are classified as prohibited areas? In order to coordinate the promotion of animal husbandry production development and the prevention and control of pollution from livestock and poultry breeding, the "Regulations on the Prevention and Control of Pollution from Large-Scale Livestock and Poultry Breeding" and the "Water Pollution Prevention and Control Action Plan" put forward clear requirements for the delineation of prohibited areas.

2. Article 40 of the "Animal Husbandry Law of the People's Republic of China" stipulates that the construction of livestock and poultry farms and breeding communities is prohibited in the following areas: (1) water source protection areas for domestic drinking water, scenic spots, and core areas and buffer zones of nature reserves; (2) urban residential areas, cultural, education, and scientific research areas and other populated areas; (3) other prohibited areas stipulated by laws and regulations. Article 14 When engaging in livestock and poultry breeding activities, effective measures such as scientific feeding methods and waste treatment techniques should be adopted to reduce the amount of livestock and poultry breeding waste produced and the amount discharged to the environment.

2. What are the legal basis for obtaining compensation for the closure of a breeding farm?

1. What kind of compensation can you get if the farm is closed down? Ying Ting believes that if there is no illegal behavior in the breeding farm, we can seek compensation by referring to demolition. The amount of compensation for enterprise closure can refer to the compensation standards for enterprise demolition.

2. According to the provisions of Article 17 of the Regulations on the Expropriation and Compensation of Houses on State-owned Land (hereinafter referred to as the "Regulations on Expropriation and Compensation"), compensation can be obtained in terms of house value, relocation, temporary resettlement, loss of production and business suspension, etc.

3. Or obtain compensation for land compensation, resettlement subsidies, ground attachments, etc. in accordance with the provisions of Article 47 of the Land Management Law.

4. In addition to the regular compensation items, there is also Paragraph 2 of Article 17 of the "Regulations on Expropriation and Compensation", which states that "people's governments at the municipal and county levels shall formulate subsidies and reward measures to provide subsidies and rewards to the expropriated persons."

5. In accordance with the spirit of Article 47 of the "Land Management Law", "the standards for land compensation and resettlement subsidies for the acquisition of other land shall be stipulated by the provinces, autonomous regions, and municipalities with reference to the standards for land compensation and resettlement subsidies for the acquisition of cultivated land", certain subsidies will be given to the demolished persons.

3. Common rights protection methods

1. If your breeding farm is banned and closed down, or the farm is directly demolished, you should strive for reasonable compensation. Enterprises should proactively negotiate with relevant departments and not wait passively. The result of waiting is often to miss the statute of limitations. In practice, if you are dissatisfied with the administrative penalty decision made by the relevant department, or believe that the specific administrative action of the relevant department infringes upon your legitimate rights and interests, you can file an application for administrative reconsideration within 60 days from the date of becoming aware of the specific administrative action, and file an administrative lawsuit within 6 months. If you have not negotiated the compensation conditions with the department, you can consult a lawyer specialized in business closure, or ask a lawyer to intervene and use professional legal knowledge to negotiate with the relevant departments to strive for fair and reasonable compensation.

2. If you encounter illegal demolition, you must file an administrative lawsuit within 6 months from the date you learned about the demolition. Because according to the relevant laws of our country, when encountering land acquisition and demolition, the expropriated and demolished persons can file an administrative review within 60 days of receiving the expropriation decision, expropriation compensation decision and other specific administrative actions, and file an administrative lawsuit within 6 months. If your house is forcibly demolished, you must file a lawsuit to defend your rights within 6 months of knowing the date of demolition. Some relocated households will petition, but petitioning is not a legal channel, and no matter how long the petition lasts, it does not constitute a reason to interrupt the time limit for prosecution. Many people who were demolished were delayed in filing petitions and missed the statute of limitations. Even if they sued, the court would not accept it. Even if you find a lawyer, there is nothing you can do to help you!

Yingting reminds you:

In practice, no matter how you report the situation to your superiors, report it to local staff, or visit everywhere, you can't actually solve the problem. What you only waste is your precious time to protect your rights and interests! If you cannot reach an agreement with the expropriation and demolition party, please contact a professional expropriation and demolition lawyer as soon as possible to find a solution.

Each case has a story. If you have encountered similar problems or have other land acquisition and demolition issues, you can leave us a message for one-on-one consultation.

Editor/Original Author: Yingting Demolition Lawyers Group